Former Chief Justice David Maraga/ DAVID MARAGA/X
Former Chief Justice David Maraga has sharply criticised the government for failing to protect its citizens following the death of Albert Ojwang, who died while in police custody.
Ojwang was arrested on June 7 at his home in Homa Bay for allegedly posting a social media message deemed defamatory to Deputy Inspector General of Police Eliud Lagat.
He was taken to the Central Police Station in Nairobi, where he died the next day.
A post-mortem report released by a government pathologist has since confirmed that Ojwang was brutally assaulted, strangled, and tortured.
In a statement issued Wednesday, Maraga condemned the killing as a grim reminder of the violence and repression young Kenyans have faced over the past year.
“The police killings and enforced disappearances have risen exponentially under this regime,” he said.
“It is not normal, acceptable or defensible for enforced disappearances to rise by 450 per cent in just one year.”
Maraga declared that the death of Ojwang marked a breaking point, saying it is evidence that the government has lost its legitimacy and is no longer fit to govern.
“We refuse to be a country where parents watch their children kidnapped, tortured, and killed in broad daylight,” he said.
“Albert’s murder is the last straw. This administration has for long taken Kenyans for granted.”
He called for urgent action to restore the rule of law and rebuild the country’s institutions.
“It’s clear that this regime cannot and will not govern,” Maraga said.
“We now demand that it step aside to allow a reset: a restoration of accountability, respect for life, and an end to the lawlessness we’re witnessing.”
Initially, police claimed that Ojwang died after hitting his head against a wall. However, the autopsy showed he suffered blunt-force trauma to the head and neck compression, along with other injuries across his body.
The death has triggered widespread condemnation across Kenya. ODM leader Raila Odinga has demanded an explanation for who authorised Ojwang’s transfer from Homa Bay to Nairobi, warning that such deaths severely damage trust in the police and state institutions.
“Such deaths… erode the authority and credibility of the police and the state, which is a dangerous step towards chaos and collapse,” Raila said.
The opposition ODM party has even threatened to end its cooperation agreement with the ruling United Democratic Alliance (UDA) unless there’s a thorough investigation into Ojwang’s death.
Speaking in the Senate, ODM Deputy Party Leader and Vihiga Senator Godfrey Osotsi stressed the seriousness of the situation.
“The postmortem indicates this young man was tortured and killed through neck compression,” Osotsi said. “We need proper answers from the police and the government on who is responsible.”
As calls for accountability grow louder, Ojwang’s death has become a rallying cry for justice and a test of the government’s commitment to upholding human rights.